Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30250 of 2018 Petitioner :- Ajeem And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 7.10.2018 in Case Crime No.605 of 2018, under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Najibabad, District Bijnor.
It is submitted by learned counsel for the petitioners that as per gang chart only one case is alleged to have been shown against the petitioners being Case Crime No.90 of 2018, in which the petitioners have been directed to apply for bail before the court below by this Court vide order dated 28.02.2018. He further submitted that on the basis of gang chart the impugned FIR has been lodged against the petitioners. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and the impugned FIR qua the petitioners is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. As far as the question of lack of evidence in support of the allegations made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, considering the nature of the allegations made in the F.I.R., the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 26.10.2018 Shalini